Comments for GroupThought http://blog.nickhoward.ca Because stupidity is exponential... Wed, 15 Jun 2011 20:14:50 +0000 hourly 1 Comment on Too many laws… by Nick http://blog.nickhoward.ca/too-many-laws/comment-page-1/#comment-821 Nick Wed, 15 Jun 2011 20:14:50 +0000 http://blog.nickhoward.ca/?p=804#comment-821 "Clearer, more starkly defined laws would limit the court’s ability to interpret outside the original intention." I didn't mean to say that government should rewrite the powers of the court (thus the constitution), merely that, should they wish to limit the court's power to interpret, their legislation should be clearer on its intention and its basis in the constitution. Judges can only interpret where the law provides room to do so (often the room is found between the relevant sections of the constitution and the legislation in question). "Strive to" is the defining part of that argument. Part of the lack of subtlety in the argument comes, I think, from the lack of subtlety in Harper/the Cons arguments that the Supreme Court has too much interpretive power, or that the court uses this power too liberally. “Clearer, more starkly defined laws would limit the court’s ability to interpret outside the original intention.”

I didn’t mean to say that government should rewrite the powers of the court (thus the constitution), merely that, should they wish to limit the court’s power to interpret, their legislation should be clearer on its intention and its basis in the constitution.
Judges can only interpret where the law provides room to do so (often the room is found between the relevant sections of the constitution and the legislation in question).

“Strive to” is the defining part of that argument. Part of the lack of subtlety in the argument comes, I think, from the lack of subtlety in Harper/the Cons arguments that the Supreme Court has too much interpretive power, or that the court uses this power too liberally.

]]> Comment on Too many laws… by Julian http://blog.nickhoward.ca/too-many-laws/comment-page-1/#comment-820 Julian Wed, 15 Jun 2011 20:05:07 +0000 http://blog.nickhoward.ca/?p=804#comment-820 Re: "If governments are truly concerned with the court’s ability to change the ultimate intentions of their original legislation, why not strive to take this power out of the court’s hands" The Supreme Court's powers expanded with the repatriation of the constitution in 1982. A legislature can undo a court's interpretation by passing a new law (as long as that law itself is constitutionally legitimate). But they can't reduce the powers of the Supreme Court, at least not without changing the constitution. Re: smarmy-ness Not to mean any offense, but I think you could be slightly more subtle. The other option is to be completely outrageous (but you have to put a lot more effort into making the outrageousness work). Just my 2 cents though, don't let that stop you. Julian Re: “If governments are truly concerned with the court’s ability to change the ultimate intentions of their original legislation, why not strive to take this power out of the court’s hands”
The Supreme Court’s powers expanded with the repatriation of the constitution in 1982. A legislature can undo a court’s interpretation by passing a new law (as long as that law itself is constitutionally legitimate). But they can’t reduce the powers of the Supreme Court, at least not without changing the constitution.

Re: smarmy-ness
Not to mean any offense, but I think you could be slightly more subtle. The other option is to be completely outrageous (but you have to put a lot more effort into making the outrageousness work). Just my 2 cents though, don’t let that stop you.

Julian

]]> Comment on Feedsquares – innovating an old idea by charlie http://blog.nickhoward.ca/feedsquares-innovating-an-old-idea/comment-page-1/#comment-819 charlie Sat, 05 Mar 2011 18:36:25 +0000 http://blog.nphoward.com/?p=611#comment-819 Sounds like you'd do well with a Windows Phone. ;) Sounds like you’d do well with a Windows Phone. ;)

]]> Comment on The delicious irony of usage-based-billing by Tweets that mention The delicious irony of usage-based-billing – GroupThought -- Topsy.com http://blog.nickhoward.ca/the-delicious-irony-of-usage-based-billing/comment-page-1/#comment-816 Tweets that mention The delicious irony of usage-based-billing – GroupThought -- Topsy.com Fri, 04 Feb 2011 18:46:05 +0000 http://blog.nickhoward.ca/?p=727#comment-816 [...] This post was mentioned on Twitter by Richard Squires, Nick Howard. Nick Howard said: The delicious irony of usage-based-billing http://bit.ly/g7uER7 #ubb [...] [...] This post was mentioned on Twitter by Richard Squires, Nick Howard. Nick Howard said: The delicious irony of usage-based-billing http://bit.ly/g7uER7 #ubb [...]

]]> Comment on Want to save money on marketing? by Tweets that mention Want to save money on marketing? – GroupThought -- Topsy.com http://blog.nickhoward.ca/want-to-save-money-on-marketing/comment-page-1/#comment-815 Tweets that mention Want to save money on marketing? – GroupThought -- Topsy.com Fri, 04 Feb 2011 13:37:15 +0000 http://blog.nickhoward.ca/?p=718#comment-815 [...] This post was mentioned on Twitter by Nick Howard, Nick Howard. Nick Howard said: New post at groupthought.ca: want to save money on marketing? http://dft.ba/-cR3 [...] [...] This post was mentioned on Twitter by Nick Howard, Nick Howard. Nick Howard said: New post at groupthought.ca: want to save money on marketing? http://dft.ba/-cR3 [...]

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